Until a recent Gauteng High Court judgement, our common law stipulated that damages must be paid in money and must include all past and future damages, the so called “once and for all rule”.

This meant that future medical expenses had to be calculated by an actuary and would normally be claimed in a lump sum. In the case of MSM obo KBM v MEC for Health, Gauteng a lump sum payment was claimed on behalf of a cerebral palsy patient who suffered damages due to the negligence of a public hospital.

The court found that it was an appropriate case to develop the common law to award payment in kind, by awarding future treatment in a public hospital for the lump sum claim of future medical expenses.

For any medical negligence enquiries, e-mail Lefevré Joubert at lsj@millers.co.za